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Package includes:

On Demand Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

  • $185 - Law Society members and Associate members
  • $240 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

Presentation time: 120 minutes
2
CPD HRS

As economic conditions change, practitioners will need to be capable of both enforcing a guarantee for a lender and defending or resisting a guarantee. This module will help ensure that you are abreast of the fundamentals in this area and able to provide your clients with robust advice.

The module will cover:

  • Important considerations for the lender taking and enforcing guarantees
  • Points a lawyer seeking to resist the guarantee must consider.

Learning objectives

By completing this module you will gain:

  • Obtain an understanding of the key legal considerations for a lender on seeking to enforce a guarantee.
  • Consider the commercial and process issues involved in enforcing a guarantee.
  • Obtain an understanding of the key legal issues involved in resisting a guarantee claim.

Electronic paper 

Authors: Michael Harper, Michael Lenihan
Published: 13 June 2024
Pages: 29

Introduction

This paper seeks to briefly traverse the process and issues involved in enforcing a guarantee. It does not consider the litigation process following a guarantor’s failure to pay. Instead, the focus is on the practical considerations that a creditor’s lawyer should cover prior to making demand on a guarantor.
This process is important so that:

1. The lawyer can advise the creditor on the validity and enforceability of the guarantee. If there are flaws in the guarantee or defences available to the guarantor, then it is important that the creditor is aware of these. Creditors may have provisioned a loan on the basis of an assumption that there is an enforceable guarantee against a credit-worthy entity. If that is not the case, then the creditor will want to understand that risk sooner rather than later.
2. The lawyer is prepared for any response from the guarantor’s lawyer that the guarantee is not valid and enforceable.

PowerPoint Presentation

These are the slides included in the presentation.

HARPER Michael LENIHAN Michael  
Michael Harper
Chapman Tripp
Auckland		 Michael Lenihan
Barrister
Auckland		  

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